State of Illinois
91st General Assembly
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Public Act 91-0097

SB378 Enrolled                                 LRB9103597JSpc

    AN ACT relating to the regulations of  certain  financial
businesses, amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Savings and Loan Act of 1985  is
amended by changing Sections 1-6 and 7-11 as follows:

    (205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
    Sec.  1-6.   General  corporate  powers.   An association
operating under this  Act  shall  be  a  body  corporate  and
politic  and  shall have all of the specific powers conferred
by this Act including, but not limited to  and,  in  addition
thereto, the following general powers:
    (a)  To  sue  and  be  sued,  complain  and defend in its
corporate name, and to have a common seal, which it may alter
or renew at pleasure;
    (b)  To   obtain   and   maintain   insurance   of    the
association's    withdrawable   capital   by   an   insurance
corporation as defined in this Act;
    (c)  Notwithstanding anything to the  contrary  contained
in  this  Act,  to  become  a member of the Federal Home Loan
Bank, and to have all of the powers granted to a  savings  or
thrift  institution  organized  under  the laws of the United
States and which is located and doing business in  the  State
of Illinois, subject to regulations of the Commissioner;
    (d)  To  act as a fiscal agent for the United States, the
State of Illinois or any department, branch, arm or agency of
the State or any unit of local government or school  district
in  the  State  when duly designated for that purpose, and as
agent to perform the reasonable functions as may be  required
of it;
    (e)  To  become  a member of or deal with any corporation
or agency of the United States or the State of  Illinois,  to
the   extent   that  the  agency  assists  in  furthering  or
facilitating the association's purposes or powers and to that
end to purchase stock or securities thereof or deposit  money
therewith,  and  to  comply  with  any  other  conditions  of
membership or credit;
    (f)  To  make  donations  in  reasonable  amounts for the
public welfare or for charitable,  scientific,  religious  or
educational purposes;
    (g)  To  adopt  and  operate reasonable insurance, bonus,
profit  sharing,  and  retirement  plans  for  officers   and
employees;   likewise,   directors   who  are  not  officers,
including,  but  not  limited  to,  advisory,  honorary,  and
emeritus directors, may participate in those plans;
    (h)  To reject any application for membership, to  retire
withdrawable  capital  by  enforced retirement as provided in
this Act and the by-laws, and to limit  the  issuance  of  or
payments   on  withdrawable  capital,  subject,  however,  to
contractual obligations;
    (i)  To purchase stock in  service  corporations  and  to
invest in any form of indebtedness of any service corporation
as  defined  in  this  Act,  subject  to  regulations  of the
Commissioner;
    (j)  To purchase stock of a corporation  whose  principal
purpose  is  to  operate  a  safe  deposit  company or escrow
service company;
    (k)  To act as Trustee or  Custodian  under  the  Federal
Self-Employed  Individuals' Tax Retirement Act of 1962 or any
amendments thereto or any other retirement account and invest
any funds held in such capacity in a savings account  of  the
institution;
    (l)  (Blank);
    (m)  To  establish,  maintain  and  operate  terminals as
authorized by the Electronic Fund Transfer Act and by Section
5  of  the  Illinois   Banking   Act.    The   establishment,
maintenance,  operation  and location of such terminals shall
be subject to the approval of the Commissioner;
    (n)  Subject to  the  approval  and  regulations  of  the
Commissioner,  an  association  may purchase or assume all or
any part of the assets or liabilities of an eligible  insured
bank;
    (o)  To  purchase from a bank, as defined in Section 2 of
the Illinois Banking Act, an  insubstantial  portion  of  the
total  deposits  of an insured bank.  For the purpose of this
subparagraph, "insubstantial portion of the  total  deposits"
shall have the same meaning as provided in Section 5(d)(2)(D)
of the Federal Deposit Insurance Act;
    (p)  To effect an acquisition of or conversion to another
financial   institution   pursuant  to  Section  205  of  the
Financial Institutions Reform, Recovery and  Enforcement  Act
of 1989;
    (q)  To pledge its assets:
         (1)  to enable it to act as an agent for the sale of
    obligations of the United States;
         (2)  to secure deposits;
         (3)  to  secure  deposits of money whenever required
    by the National Bankruptcy Act;
         (4)  to qualify under Section 2-9 of  the  Corporate
    Fiduciary Act; and
         (5)  to  secure  trust  funds  commingled  with  the
    institution's funds, whether deposited by the institution
    or  an  affiliate  of  the institution, as required under
    Section 2-8 of the Corporate Fiduciary Act;
    (r)  To provide temporary  periodic  service  to  persons
residing  in  a  bona  fide  nursing  home,  senior citizens'
retirement home, or long-term care facility;
    (s)  To purchase for its own account shares of stock of a
bankers' bank, described in Section 13(b)(1) of the  Illinois
Banking  Act,  on the same terms and conditions as a bank may
purchase such shares.  In no event shall the total amount  of
such  stock  held  by  an  association  in such bankers' bank
exceed 10% of its capital and  surplus  (including  undivided
profits)  and  in  no event shall an association acquire more
than 5% of any class of voting securities  of  such  bankers'
bank;
    (t)  To  effect  a conversion to a State bank pursuant to
the provisions of the Illinois Banking Act; and
    (u)  Subject to Article XLIV of  the  Illinois  Insurance
Code,  to  act  as  the  agent  for  any fire, life, or other
insurance company authorized by the  State  of  Illinois,  by
soliciting  and  selling insurance and collecting premiums on
policies issued by such company; and may receive for services
so rendered such fees or commissions as may  be  agreed  upon
between  the  said  association and the insurance company for
which it may act as agent; provided, however,  that  no  such
association shall in any case assume or guarantee the payment
of  any  premium  on  insurance  policies  issued through its
agency by its  principal;  and  provided  further,  that  the
association  shall  not  guarantee the truth of any statement
made by an assured in filing his application  for  insurance;
and.
    (v)  To  exercise  all  powers  necessary to qualify as a
trustee or custodian under federal or State law, however, the
authority to accept and execute  trusts  is  subject  to  the
Corporate  Fiduciary  Act  and  to  the  supervision of those
activities by the Commissioner.
(Source: P.A.  89-74,  eff.  6-30-95;  89-310,  eff.  1-1-96;
89-317,  eff.  8-11-95;  89-355,  eff.  8-17-95; 89-567, eff.
7-26-96; 89-603, eff. 8-2-96;  89-626,  eff.  8-9-96;  90-14,
eff. 7-1-97; 90-41, eff. 10-1-97.)

    (205 ILCS 105/7-11) (from Ch. 17, par. 3307-11)
    Sec.  7-11.  Commissioner's authority to take custody and
appoint a conservator. The Commissioner in his discretion may
take custody of, and appoint a conservator for, the property,
liabilities, books, records, business  and  assets  of  every
kind  and  character of any association, trust or association
in  liquidation,  for  any  of   the   purposes   hereinafter
enumerated,   if   it   appears  from  reports  made  to  the
Commissioner, or from examination made by or on behalf of the
Commissioner:
    (a)  That   the   directors,   officers,   trustees    or
liquidators  have  neglected,  failed  or refused to take any
action which the Commissioner  may  deem  necessary  for  the
protection  of  the  association  or trust or have impeded or
obstructed an examination; or
    (b)  That the withdrawable capital of the association  is
impaired  to  the  extent  that  the  realizable value of its
assets is insufficient to  pay  in  full  its  creditors  and
holders  of  its  withdrawable capital; or that its permanent
reserve capital is impaired; or
    (c)  That  the  association   is   unable   to   continue
operation; or
    (d)  That  the  business  of  the  association,  trust or
association  in  liquidation  is   being   conducted   in   a
fraudulent, illegal or unsafe manner; or
    (e)  That    the   officers,   employees,   trustees   or
liquidators have continued to assume duties or  perform  acts
without  giving  bond  as  required by the provisions of this
Act.
    Unless the Commissioner finds that  an  emergency  exists
which may result in loss to members or creditors and requires
that he take custody immediately, he first shall give written
notice  to  the directors, trustees or liquidators specifying
the conditions criticized and state a reasonable time  within
which  correction  may  be  made.  If however, an association
whose accounts are insured by the Federal  Savings  and  Loan
Insurance  Corporation  is  impaired  within  the  meaning of
paragraph (b) above, or  any  other  condition  exists  which
would  give  the Commissioner authority to take custody of an
insured institution, the action of the  Commissioner  can  be
withheld  provided  that  the  Commissioner  determines  from
reports  made  to  him  by  the  Association,  and such other
examinations as may be deemed necessary, that the Association
has sufficient liquid assets and has adopted and  implemented
an  operating plan satisfactory to the Commissioner.  In such
case the Commissioner may defer a custody  action  pending  a
satisfactory  resolution  of  the  impairment as suggested by
either the  Association  or  the  Federal  Savings  and  Loan
Insurance Corporation.
    If  any condition exists that would give the Commissioner
authority to take custody of an association,  the  action  of
the  Commissioner  may  be  withheld  pending  a satisfactory
resolution of the condition as  suggested  by  the  insurance
corporation provided the association has sufficient liquidity
and  has  adopted  and  implemented  an  operating  plan  the
Commissioner considers prudent.
    No  action or inaction of the Commissioner taken pursuant
to this Article shall cause the Commissioner to be personally
liable for such action or inaction unless the  Commissioner's
action  or inaction is found to be in violation of a criminal
statute.   The  Commissioner  shall  promulgate   rules   and
regulations  to  govern  the  determination  of  a need for a
conservator and the selection, appointment and conduct  of  a
conservatorship, including allocation of payment and costs.
(Source: P.A. 85-1143.)

    Section  10.  The Savings Bank Act is amended by changing
Sections 1007.105, 1008, 4005, 6002, 8016, 9009,  11005,  and
11008 and adding Section 4014 as follows:
    (205 ILCS 205/1007.105) (from Ch. 17, par. 7301-7.105)
    Sec.   1007.105.    "Service   corporation"   means   any
corporation  that is 51% or more owned by one or more savings
banks, or by savings banks and other depository institutions,
whose purposes are reasonably incident to the  accomplishment
of  the  express  or incidental powers conferred upon savings
banks by this Act.
(Source: P.A. 86-1213.)

    (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
    Sec. 1008. General corporate powers.
    (a)  A savings bank operating under this Act shall  be  a
body corporate and politic and shall have all of the specific
powers  conferred  by  this Act including, but not limited to
and in addition thereto, the following general powers:
         (1)  To sue and be sued, complain, and defend in its
    corporate name and to have a common seal,  which  it  may
    alter or renew at pleasure.
         (2)  To  obtain  and maintain insurance by a deposit
    insurance corporation as defined in this Act.
         (3)  To act as a fiscal agent for the United States,
    the State of Illinois or any department, branch, arm,  or
    agency  of  the  State or any unit of local government or
    school district in the State, when  duly  designated  for
    that   purpose,   and  as  agent  to  perform  reasonable
    functions as may be required of it.
         (4)  To  become  a  member  of  or  deal  with   any
    corporation  or  agency of the United States or the State
    of Illinois, to the extent that  the  agency  assists  in
    furthering  or facilitating its purposes or powers and to
    that end to  purchase  stock  or  securities  thereof  or
    deposit  money  therewith,  and  to comply with any other
    conditions of membership or credit.
         (5)  To make donations in reasonable amounts for the
    public welfare or for charitable, scientific,  religious,
    or educational purposes.
         (6)  To  adopt  and  operate  reasonable  insurance,
    bonus,  profit sharing, and retirement plans for officers
    and  employees  and  for  directors  including,  but  not
    limited to, advisory, honorary, and  emeritus  directors,
    who are not officers or employees.
         (7)  To  reject  any  application for membership; to
    retire  deposit  accounts  by  enforced   retirement   as
    provided  in  this  Act  and the bylaws; and to limit the
    issuance of, or payments on, deposit  accounts,  subject,
    however, to contractual obligations.
         (8)  To  purchase  stock in service corporations and
    to invest in any form  of  indebtedness  of  any  service
    corporation   as   defined   in   this  Act,  subject  to
    regulations of the Commissioner.
         (9)  To  purchase  stock  of  a  corporation   whose
    principal purpose is to operate a safe deposit company or
    escrow service company.
         (10)  To   exercise  all  the  powers  necessary  to
    qualify as a trustee or custodian under federal or  State
    law,  provided  that  the authority to accept and execute
    trusts is subject to  the  provisions  of  the  Corporate
    Fiduciary  Act and to the supervision of those activities
    by the Commissioner of Banks and Real Estate.
         (11)  (Blank).
         (12)  To establish, maintain, and operate  terminals
    as  authorized  by the Electronic Fund Transfer Act.  The
    establishment, maintenance, operation,  and  location  of
    those  terminals  shall be subject to the approval of the
    Commissioner.
         (13)  To pledge its assets:
              (A)  to enable it to act as agent for the  sale
         of obligations of the United States;
              (B)  to secure deposits;
              (C)  to   secure  deposits  of  money  whenever
         required by the National Bankruptcy Act;
              (D)  to  qualify  under  Section  2-9  of   the
         Corporate Fiduciary Act; and
              (E)  to  secure trust funds commingled with the
         savings  bank's  funds,  whether  deposited  by  the
         savings bank or an affiliate of the savings bank, as
         required  under  Section  2-8   of   the   Corporate
         Fiduciary Act.
         (14)  To  accept for payment at a future date not to
    exceed one year from the date of acceptance, drafts drawn
    upon it by  its  customers;  and  to  issue,  advise,  or
    confirm  letters of credit authorizing holders thereof to
    draw drafts upon it or its correspondents.
         (15)  Subject   to   the    regulations    of    the
    Commissioner, to own and lease personal property acquired
    by  the  savings  bank  at  the  request of a prospective
    lessee and, upon the agreement of that person,  to  lease
    the personal property.
         (16)  To  establish  temporary service booths at any
    International Fair in this State that is approved by  the
    United  States Department of Commerce for the duration of
    the international fair for the  purpose  of  providing  a
    convenient  place for foreign trade customers to exchange
    their  home  countries'  currency  into   United   States
    currency  or the converse.  To provide temporary periodic
    service to persons residing in a bona fide nursing  home,
    senior  citizens'  retirement  home,  or  long-term  care
    facility.    These  powers  shall  not  be  construed  as
    establishing a new place or change of  location  for  the
    savings bank providing the service booth.
         (17)  To    indemnify   its   officers,   directors,
    employees, and agents,  as  authorized  for  corporations
    under  Section  8.75  of the Business Corporations Act of
    1983.
         (18)  To provide data processing services to  others
    on a for-profit basis.
         (19)  To   utilize   any  electronic  technology  to
    provide customers with home banking services.
         (20)  Subject   to   the    regulations    of    the
    Commissioner,  to  enter  into  an  agreement to act as a
    surety.
         (21)  Subject   to   the    regulations    of    the
    Commissioner,   to  issue  credit  cards,  extend  credit
    therewith, and otherwise  engage  in  or  participate  in
    credit card operations.
         (22)  To  purchase  for  its  own  account shares of
    stock of a bankers' bank, described in  Section  13(b)(1)
    of  the  Illinois  Banking  Act,  on  the  same terms and
    conditions as a bank may purchase  such  shares.   In  no
    event  shall  the  total  amount  of such stock held by a
    savings bank in such bankers'  bank  exceed  10%  of  its
    capital  and surplus (including undivided profits) and in
    no event shall a savings bank acquire more than 5% of any
    class of voting securities of such bankers' bank.
         (23)  With respect to affiliate facilities:
              (A)  to conduct at affiliate facilities any  of
         the  following transactions for and on behalf of any
         affiliated depository institution, if so  authorized
         by  the affiliate or affiliates: receiving deposits;
         renewing  deposits;  cashing  and  issuing   checks,
         drafts,  money  orders, travelers checks, or similar
         instruments; changing money; receiving  payments  on
         existing  indebtedness;  and  conducting ministerial
         functions  with  respect   to   loan   applications,
         servicing   loans,   and   providing   loan  account
         information; and
              (B)  to  authorize  an  affiliated   depository
         institution  to conduct for and on behalf of it, any
         of the transactions listed in this subsection at one
         or more affiliate facilities.
         A savings bank intending to conduct or to  authorize
    an  affiliated  depository  institution  to conduct at an
    affiliate facility any of the transactions  specified  in
    this   subsection   shall  give  written  notice  to  the
    Commissioner at least 30 days before any such transaction
    is conducted at an affiliate facility.  All conduct under
    this subsection shall be on terms  consistent  with  safe
    and sound banking practices and applicable law.
         (24)  Subject   to  Article  XLIV  of  the  Illinois
    Insurance Code, to act as the agent for any  fire,  life,
    or  other  insurance  company  authorized by the State of
    Illinois,  by  soliciting  and  selling   insurance   and
    collecting  premiums  on policies issued by such company;
    and may receive for services so  rendered  such  fees  or
    commissions  as  may  be  agreed  upon  between  the said
    savings bank and the insurance company for which  it  may
    act  as  agent;  provided,  however, that no such savings
    bank shall in any case assume or guarantee the payment of
    any premium on  insurance  policies  issued  through  its
    agency  by  its principal; and provided further, that the
    savings  bank  shall  not  guarantee  the  truth  of  any
    statement made by an assured in filing his    application
    for insurance.
         (25)  To  become  a  member of the Federal Home Loan
    Bank  and  to  have  the  powers  granted  to  a  savings
    association organized under the Illinois Savings and Loan
    Act of 1985 or the laws of the United States, subject  to
    regulations of the Commissioner.
         (26)  To offer any product or service that is at the
    time authorized or permitted to a bank by applicable law,
    but   subject   always   to   the  same  limitations  and
    restrictions that are applicable  to  the  bank  for  the
    product  or service by such applicable law and subject to
    the applicable provisions of the  Financial  Institutions
    Insurance Sales Law and rules of the Commissioner.
    (b)  If  this  Act  or the regulations adopted under this
Act fail to provide specific guidance in matters of corporate
governance, the provisions of the Business Corporation Act of
1983 may be used.
(Source: P.A.  89-74,  eff.  6-30-95;  89-310,  eff.  1-1-96;
89-317,  eff.  8-11-95;  89-355,  eff.  8-17-95; 89-508, eff.
7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
7-1-97; 90-41, eff. 10-1-97; 90-270,  eff.  7-30-97;  90-301,
eff.  8-1-97;  90-655,  eff.  7-30-98;  90-665, eff. 7-30-98;
revised 10-31-98.)

    (205 ILCS 205/4005) (from Ch. 17, par. 7304-5)
    Sec. 4005. Voting.
    (a)  Voting at a meeting may be either in  person  or  by
proxy  executed in writing by the member or stockholder or by
his duly authorized attorney-in-fact.
    (b)  In the  determination  of  all  questions  requiring
ascertainment of who is entitled to vote and of the number of
outstanding shares, the following rules shall apply:
         (1)  The  date  of determination shall be the record
    date for voting provided in this Act.
         (2)  Each person holding one  or  more  withdrawable
    accounts  in a mutual savings bank shall have the vote of
    one share for each $100 of the aggregate withdrawal value
    of the accounts and shall have the vote of one share  for
    any  fraction  of $100; however, subject to regulation of
    the Commissioner,  a  mutual  savings  bank  may  in  its
    by-laws  limit  the  number of votes a person may cast to
    1,000 votes. A mutual savings bank may adopt a  different
    voting  arrangement  if  the  Commissioner finds that the
    arrangement would not be inequitable to  members  and  if
    the  members  approve  the  arrangement by an affirmative
    vote of at least two-thirds of the votes entitled  to  be
    cast, however, the voting arrangement need not obtain the
    foregoing  member  approval if such voting arrangement is
    otherwise approved as part of a  corporate  change  under
    this Act.
         (3)  Each  holder  of  capital stock held shall have
    one vote for each share held.
         (4)  Shares owned by the savings bank shall  not  be
    counted or voted.
         (5)  A  savings bank authorized to issue stock shall
    provide in its  articles  of  incorporation  that  voting
    rights may be vested exclusively in stockholders.
(Source: P.A. 88-579, eff. 8-12-94.)

    (205 ILCS 205/4014 new)
    Sec.   4014.  Waiver  of  notice.   Whenever  any  notice
whatsoever is required to be given under this  Act  or  under
the  provisions of the articles of incorporation or bylaws of
a savings bank, a waiver thereof in  writing  signed  by  the
person  entitled  to  the notice, whether before or after the
time stated therein, shall be deemed equivalent to the giving
of the notice.  Attendance at any  meeting  shall  constitute
waiver  of  notice  thereof  unless the person at the meeting
objects to the holding of the meeting because  proper  notice
was not given.

    (205 ILCS 205/6002) (from Ch. 17, par. 7306-2)
    Sec.   6002.    Investment   in  loans.  Subject  to  the
regulations of the Commissioner,  a  savings  bank  may  loan
funds as follows:
    (1)  On  the  security  of  deposit accounts, but no such
loan  shall  exceed  the  withdrawal  value  of  the  pledged
account.
    (2)  On the security of real estate:
         (A)  of a value, determined in accordance with  this
    Act,  sufficient  to  provide good and ample security for
    the loan;
         (B)  with a fee simple title or a leasehold title;
         (C)  with the title established by evidence of title
    as is consistent with  sound  lending  practices  in  the
    locality;
         (D)  with  the  security interest in the real estate
    evidenced by an appropriate written  instrument  and  the
    loan  evidenced  by  a  note,  bond,  or  similar written
    instrument; a loan on the security of the  whole  of  the
    beneficial   interest  in  a  land  trust  satisfies  the
    requirements of this paragraph if the title to  the  land
    is  held  by  a  corporate trustee and if the real estate
    held in the land trust meets the  other  requirements  of
    this subsection;
         (E)  with a mortgage loan not to exceed 40 years.
    (3)  For    the    purpose    of   repair,   improvement,
rehabilitation, furnishing, or equipment of real estate.
    (4)  For the  purpose  of  financing  or  refinancing  an
existing   ownership   interest  in  certificates  of  stock,
certificates of beneficial interest,  other  evidence  of  an
ownership   interest  in,  or  a  proprietary  lease  from  a
corporation, trust, or partnership formed for the purpose  of
the  cooperative  ownership  of  real  estate, secured by the
assignment or transfer of certificates or other  evidence  of
ownership of the borrower.
    (5)  Through  the  purchase of loans that, at the time of
purchase, the savings bank could make in accordance with this
Section and the bylaws.
    (6)  Through the purchase of  installment  contracts  for

the  sale of real estate and title thereto that is subject to
the contracts, but in each instance only if the savings bank,
at the time of purchase, could make a mortgage  loan  of  the
same  amount  and for the same length of time on the security
of the real estate.
    (7)  Through loans guaranteed or insured,  wholly  or  in
part, by the United States or any of its instrumentalities.
    (8)  Subject  to regulations adopted by the Commissioner,
through secured or unsecured loans for  business,  corporate,
commercial, or agricultural purposes; provided that the total
of  all  loans  granted under this paragraph shall not exceed
15% of the savings  bank's  total  assets  unless  a  greater
amount is authorized in writing by the Commissioner.
    (9)  For  the  purpose  of mobile home financing subject,
however, to the regulation of the Commissioner.
    (10)  Through loans secured by the cash  surrender  value
of  any life insurance policy or any collateral that would be
a legal investment under the terms of this Act if made by the
savings bank.
    (11)  Any provision of this Act or any other law,  except
for   paragraph   (18)  of  Section  6003,  to  the  contrary
notwithstanding, but subject to  the  Financial  Institutions
Insurance   Sales  Law  and  subject  to  the  Commissioner's
regulations, any savings bank may make any loan or investment
or engage in any activity that it could make or engage in  if
it  were  organized  under  State  law  as a savings and loan
association or under federal law as  a  federal  savings  and
loan association or federal savings bank.
    (12)  A savings bank may issue letters of credit or other
similar  arrangements  only  as provided for by regulation of
the Commissioner with regard to aggregate amounts  permitted,
take   out   commitments  for  stand-by  letters  of  credit,
underlying documentation and underwriting, legal  limitations
on loans of the savings bank, control and subsidiary records,
and other procedures deemed necessary by the Commissioner.
    (13)  For the purpose of automobile financing, subject to
the regulation of the Commissioner.
    (14)  For  the  purpose  of financing primary, secondary,
undergraduate, or postgraduate education.
    (15)  Through revolving lines of credit on  the  security
of  a  first  or  junior  lien  on  the  borrower's  personal
residence,  based  primarily  on  the  borrower's equity, the
proceeds of which may be used for any  purpose;  those  loans
being commonly referred to as home equity loans.
    (16)  As secured or unsecured credit to cover the payment
of  checks,  drafts, or other funds transfer orders in excess
of the available balance of an  account  on  which  they  are
drawn, subject to the regulations of the Commissioner.
(Source: P.A. 90-301, eff. 8-1-97.)

    (205 ILCS 205/8016) (from Ch. 17, par. 7308-16)
    Sec.  8016.  Procedure for conversion from a savings bank
charter.
    (a)  Any  savings  bank  operating  under  this  Act  may
convert to any other depository institution chartered  become
a  State  savings  and  loan  association or State bank under
Illinois charter or a federal association under the laws  and
regulations  of  this State or under the laws and regulations
of  the  United  States  in  accordance  with  the  following
requirements procedure:
    (1)  The  converting  savings  bank  shall   notify   the
Commissioner  of  its  intent  to  convert.  Notice should be
submitted when the savings bank first submits  a  request  to
convert  to the appropriate State or federal authorities, but
in no case less than 30 days before the conversion.  Approval
of the conversion by the Commissioner shall not  be  required
except  when  the  savings  bank  converts  to  a  depository
institution  that  is  also  chartered by the Commissioner in
which case the savings bank shall comply with State  law  and
regulations  applicable  to the conversion to such depository
institution.
    (2)(1)  The board of directors shall approve  a  plan  of
conversion  by  resolution adopted by majority vote of all of
the directors.  The plan shall set forth, among other  terms,
the following:
         (A)  a financial statement of the savings bank as of
    the last business day of the month preceding the adoption
    of the plan;
         (B)  the disposition of deposit accounts and capital
    stock, if any;
         (C)  adjustments,  if  any,  in  the  value  of  the
    deposit  accounts  when exchanged for comparable accounts
    in the converted institution;
         (D)  the   disposition   of   any   obligations   or
    liabilities; and
         (E)  any other information that may be  required  by
    the Commissioner.
    (2)  The plan shall not be submitted to the members until
approved by the Commissioner.
    (3)  The  Commissioner  may  approve  the plan; or if the
Commissioner  disapproves  the  plan,  he  shall  state   his
objections in writing and give the converting savings bank an
opportunity  to  amend  the  plan  to obviate the objections.
Approval shall be given if the Commissioner  finds  that  the
plan  meets  the  requirements  of  this  Act and the plan is
equitable and protects the rights of  all  persons  affected,
including  contingent  interests as theretofore may have been
created in the retained earnings, if any.
    (4)  After receipt of approval from the Commissioner, the
plan of conversion shall be mailed to each member and may  be
submitted  to  a  vote at an annual or special meeting of the
members.
    (3)  Upon notice prescribed by subsection (a) of  Section
4003  of  this  Act,  the plan of conversion shall be adopted
upon receiving in the affirmative two-thirds or more  of  the
total  number  of  votes that all members of the savings bank
are entitled  to  cast.   A  report  of  proceedings  at  the
meeting,  certified  by the president or a vice president and
attested by the secretary, shall be filed promptly  with  the
Commissioner.
    (4)  The  savings  bank shall pay all accrued supervisory
fees and other fees and assessments under this Act as of  the
date of conversion.
    (5)  Upon  completion  of  the conversion, the charter of
the  savings  bank  shall  automatically  terminate  and  the
savings bank charter or a true copy of the charter  shall  be
returned to the Commissioner.
    (b)  If  the  Commissioner  finds that any requirement of
this Section would prevent under applicable law a  depository
institution  that  is not a savings bank from converting to a
savings bank, the  Commissioner  may  waive  any  requirement
having  that  effect.  Within  90  days after the date of the
meeting, the savings bank shall take  the  action  prescribed
and  authorized  by  the laws and regulations of the State of
Illinois or the United States to complete its conversion to a
State association, State bank or federal association.
    (6)  Upon receipt of a  State  or  federal  charter,  the
savings bank shall file promptly with the Commissioner either
a  copy  of  the  charter or a certificate of the appropriate
State or federal officer setting forth the  facts  concerning
the  issuance  of the charter; and upon recording the charter
in  the  same  manner  as  the  savings  bank's  articles  of
incorporation, the savings bank shall cease to be  a  savings
bank operating under the Act.
(Source: P.A. 89-567, eff. 7-26-96.)
    (205 ILCS 205/9009) (from Ch. 17, par. 7309-9)
    Sec. 9009. Orders of the Commissioner.
    (a)  If  the  affairs  of  the savings bank, savings bank
subsidiary or affiliate, or savings bank holding company  are
not   being  conducted  in  accordance  with  this  Act,  the
Commissioner  shall  require  the  directors,  officers,  and
employees to take any necessary corrective  action.   If  the
necessary  corrective  action  is not taken, the Commissioner
may issue a formal order to  the  directors  of  the  savings
bank,  subsidiary,  affiliate,  or  holding  company,  to  be
delivered  either  personally  or  by registered or certified
mail, specifying a date, which may be immediate or may  be  a
later  date,  for the performance of the corrective action by
the savings bank, subsidiary, affiliate, or holding  company.
The  order  or  any  part thereof shall be subject to Section
11006 of this Act.
    (b)  If the formal order of the Commissioner, in whole or
in part, contains a finding that the business of the  savings
bank  or  holding company is being conducted in a fraudulent,
illegal, unsafe, or unsound  manner  or  that  the  violation
thereof  or  the  continuance  by the savings bank or holding
company  of  the  practice  to  be  corrected   could   cause
insolvency, substantial dissipation of assets or earnings, or
the  impairment  of  its  capital,  the order or part thereof
shall be complied with immediately on or before the effective
date thereof until modified or withdrawn by the  Commissioner
or   modified   or   terminated  by  a  circuit  court.   The
Commissioner may apply to the circuit court of the county  in
which  the  savings  bank  or  holding company is located for
enforcement of an order requiring prompt compliance.
    (c)  If the order, or part thereof,  is  not  subject  to
subsection  (b) and if no hearing pursuant to Section 9018 of
this Act has been requested within 5 days  of  the  effective
date  of  the order, the Commissioner may, at any time within
90 days after the effective date of the order, institute suit
in the circuit court of Sangamon County or the circuit  court
of the county in which the savings bank or holding company is
located  to  compel  the directors, officers, or employees to
take the required corrective action.  The  court,  after  due
process  of  law,  shall  adjudicate  the question, enter the
proper order or orders, and enforce them.
    (d)  No provision of this Section  shall  interfere  with
the  exercise by the Commissioner of any provision of Article
11.
(Source: P.A. 86-1213.)

    (205 ILCS 205/11005) (from Ch. 17, par. 7311-5)
    Sec. 11005.  Institution affiliated  party.  As  used  in
this  Act, the term "institution affiliated party" shall mean
a  director,  officer,  employee,   agent,   or   controlling
stockholder  of  a  savings  bank operating under this Act; a
person  who  has   filed   or   is   required   to   file   a
change-in-control  notice  with  the Commissioner; any person
subject to an order of or a party to an  agreement  with  the
Commissioner  pertaining to a savings bank; a shareholder of,
consultant to, joint venture partner of,  or  an  independent
contractor   for   (including   accountants,  appraisers  and
attorneys) any other person who participates in a significant
way in the affairs of a savings  bank  operating  under  this
Act.
(Source: P.A. 86-1213.)

    (205 ILCS 205/11008) (from Ch. 17, par. 7311-8)
    Sec.   11008.  Unauthorized  participation  by  convicted
individual.
    (a)  Except  with  the  prior  written  consent  of   the
Commissioner,  no  person  who  has  been  convicted  of  any
criminal  offense  involving  dishonesty or a breach of trust
may own or control directly or indirectly more than 0.001% of
the capital stock of, receive benefit directly or  indirectly
from,  or  participate, directly or indirectly, in any manner
in the conduct of the affairs of a savings bank.
    (b)  A savings bank may not  permit  participation  by  a
person described in subsection (a).
    (c)  Whoever  knowingly violates subsection (a) or (b) is
guilty of a Class 3 felony and may be  fined  not  more  than
$10,000 for each day of violation.
(Source: P.A. 86-1213.)

    Section  15.   The  Corporate Fiduciary Act is amended by
changing Sections 1-3, 1-5.07, 1-5.08, 1-6, 3-3, 4-1, and 4-4
as follows:

    (205 ILCS 620/1-3) (from Ch. 17, par. 1551-3)
    Sec. 1-3.  Scope of Act; application to  national  banks,
federally   chartered   savings   and  loan  associations  or
federally chartered savings banks.  After January 1, 1988, no
national bank chartered by the Comptroller  of  the  Currency
and having its main office in Illinois or federal savings and
loan  association  or  federal  savings bank chartered by the
Federal Home Loan Bank Board and having its  main  office  in
Illinois  shall  be  required  to  obtain  a  certificate  of
authority  under  this  Act  or  in  any manner submit to the
regulation or supervision pursuant  to  this  Act,  but  such
national  bank,  federal  savings  and  loan  association  or
federal  savings  bank  shall  only be required to obtain the
authority to accept and execute trusts  from  the  particular
federal  agency  which granted its charter, to be exempt from
the provisions of this Act. Nothing in this Section 1-3 shall
exempt national banks, federal savings and loan  associations
or  federal  savings  banks  whose  main  offices are located
outside of Illinois from compliance with  the  provisions  of
Article IV of this Act.
    On  January  1,  1988, any certificate of authority which
has been issued  under  the  provisions  of  this  Act  to  a
national   bank,   federally   chartered   savings  and  loan
association or federally chartered savings bank  in  Illinois
shall  expire  and be of no further force and effect and upon
the request of the Commissioner, shall be surrendered.
    After January 1, 1988, a any State bank that which has  a
certificate of authority under this Act and which proposes to
convert  to  a national bank and or a State chartered savings
and loan association and a State chartered savings bank  that
has  a  certificate  of  authority  under  this Act and which
proposes to convert to a federally chartered savings and loan
association or federally chartered savings bank, shall notify
the Commissioner of such fact and upon obtaining its  charter
from  the  relevant  federal  regulator,  shall surrender its
certificate of authority issued pursuant to this Act.
(Source: P.A. 86-754.)

    (205 ILCS 620/1-5.07) (from Ch. 17, par. 1551-5.07)
    Sec. 1-5.07.  "Depository  institution"  includes  banks,
savings  and  loan  associations,  savings  banks, and credit
unions.
(Source: P.A. 85-858.)

    (205 ILCS 620/1-5.08) (from Ch. 17, par. 1551-5.08)
    Sec. 1-5.08.  "Foreign corporation" means:
    (a)  any bank,  savings  and  loan  association,  savings
bank,  or  other corporation now or hereafter organized under
the laws of any state or territory of the  United  States  of
America,  including  the District of Columbia, other than the
State of Illinois;
    (b)  any  national   banking   association   having   its
principal  place of business in any state or territory of the
United States of America, including the District of Columbia,
other than the State of Illinois; and
    (c)  any federal savings and loan association or  federal
savings  bank  having  its principal place of business in any
state or territory of the United States of America, including
the District of Columbia, other than the State of Illinois.
(Source: P.A. 85-858.)

    (205 ILCS 620/1-6) (from Ch. 17, par. 1551-6)
    Sec.  1-6.   General  Corporate  Powers.    A   corporate
fiduciary shall have the powers:
         (a)  if  it  is  a  State bank, those powers granted
    under Sections 3 and 5 of the Illinois  Banking  Act,  as
    now or hereafter amended; and
         (b)  if  it is a State savings and loan association,
    those powers granted under Sections 1-6  through  1-8  of
    the  Illinois  Savings  and  Loan  Act of 1985, as now or
    hereafter amended; and
         (c)  if it is a State  savings  bank,  those  powers
    granted under the Savings Bank Act; and
         (d)(c)  if  it  is a corporation organized under the
    Business Corporation Act of 1983,  as  now  or  hereafter
    amended,  or  a limited liability company organized under
    the Limited Liability Company Act, those  powers  granted
    in  Sections 4.01 through 4.24 of the Trusts and Trustees
    Act, as now or  hereafter  amended,  to  the  extent  the
    exercise  of  such  powers by the corporate fiduciary are
    not contrary to the instrument containing the appointment
    of the corporate fiduciary, the  court  order  appointing
    the corporate fiduciary or any other statute specifically
    limiting  the  power of the corporate fiduciary under the
    circumstances; and
         (e)(d)  subject to  Article  XLIV  of  the  Illinois
    Insurance  Code,  to act as the agent for any fire, life,
    or other insurance company authorized  by  the  State  of
    Illinois,   by   soliciting  and  selling  insurance  and
    collecting premiums on policies issued by  such  company;
    and  may  receive  for  services so rendered such fees or
    commissions as  may  be  agreed  upon  between  the  said
    corporate  fiduciary  and the insurance company for which
    it may act as agent;  provided,  however,  that  no  such
    corporate fiduciary shall in any case assume or guarantee
    the  payment  of any premium on insurance policies issued
    through  its  agency  by  its  principal;  and   provided
    further, that the corporate fiduciary shall not guarantee
    the  truth  of any statement made by an assured in filing
    his application for insurance.
    The  Commissioner  may  specify   powers   of   corporate
fiduciaries  generally or of a particular corporate fiduciary
and by rule  or  order  limit  or  restrict  such  powers  of
corporate  fiduciaries or a particular corporate fiduciary if
he finds the exercise of such power by corporate  fiduciaries
generally  or  of  the  corporate fiduciary in particular may
tend to be an unsafe or unsound practice, or if such power is
otherwise  not  in  the  interest  of  beneficiaries  of  any
fiduciary appointment.
(Source: P.A.  90-41,  eff.  10-1-97;  90-424,  eff.  1-1-98;
90-655, eff. 7-30-98.)

    (205 ILCS 620/3-3) (from Ch. 17, par. 1553-3)
    Sec. 3-3.  Successor trustee.
    (a)  If  any  corporate fiduciary merges into, or becomes
consolidated with, another corporate fiduciary  qualified  to
administer  trusts  or  is succeeded in its trust business by
any corporate fiduciary by purchase or  otherwise;  or  if  a
bank  holding  company  causes  a  subsidiary,  qualified  to
administer  trusts,  to  succeed  to part or all of the trust
business of any other subsidiary of  the  same  bank  holding
company,  the  surviving,  consolidated,  successor corporate
fiduciary or subsidiary shall become successor  fiduciary  in
place   of   such  predecessor  corporate  fiduciary,  unless
expressly  prohibited  by  the  provisions   of   the   trust
instrument, with all the rights, powers and duties which were
granted   to   or   imposed  on  such  predecessor  corporate
fiduciary.
    (b)  (Blank).
    (c)  Notwithstanding  any  other  provision  of  law,   a
corporate  fiduciary  may  delegate  to any of its affiliates
qualified to administer trusts any or all  fiduciary  duties,
actions  or  decisions,  discretionary  or otherwise, and the
delegating corporate  fiduciary  shall  not  be  required  to
review  any  delegated  actions  or  decisions  taken  by the
affiliate.  The term "affiliate" means any  state  bank,  any
state  savings  bank, any state savings and loan association,
any  national  bank,  any  trust  company,   or   any   other
corporation, which is qualified to act as a fiduciary in this
or  any  other  state  and  which  is  a  member  of the same
affiliated group (within the meaning of Section 1504  of  the
Internal Revenue Code of 1986, as amended).
(Source:  P.A.  89-205,  eff.  1-1-96;  89-364, eff. 8-18-95;
89-567,  eff.  7-26-96;  89-686,  eff.  6-1-97;  90-14,  eff.
7-1-97.)

    (205 ILCS 620/4-1) (from Ch. 17, par. 1554-1)
    Sec. 4-1.  Foreign corporate  fiduciary;  certificate  of
authority.   After  July  13,  1953,  no foreign corporation,
including  banks,  savings  banks,  and  savings   and   loan
associations,  now  or  hereafter organized under the laws of
any  other  state  or  territory,  and  no  national  banking
association having its principal place  of  business  in  any
other   state  or  territory  or  federal  savings  and  loan
association or federal  savings  bank  having  its  principal
place  of  business  in  any  other  state  or territory, may
procure a certificate of authority under Article II  of  this
Act  and  any  certificate  of  authority  heretofore  issued
hereunder  to  any  such  foreign  corporation or to any such
national banking association shall become null  and  void  on
July  13,  1953,  except that any such foreign corporation or
any such national  banking  association  actually  acting  as
trustee,  executor,  administrator, administrator to collect,
guardian, or in any other like  fiduciary  capacity  in  this
State on July 13, 1953, may continue to act as such fiduciary
in  that particular trust or estate until such time as it has
completed its duties thereunder.   Such  foreign  corporation
and such national banking association shall be subject to the
provisions  in  this  Article  IV,  regardless of whether its
certificate of authority was obtained before July  13,  1953.
The  right  and  eligibility  of any foreign corporation, any
national banking association having its  principal  place  of
business  in  any  other  state  or  territory or any federal
savings and loan association or federal savings  bank  having
its  principal  place  of  business  in  any  other  state or
territory   hereafter   to   act   as   trustee,    executor,
administrator,  administrator to collect, guardian, or in any
other like fiduciary capacity in this State shall be governed
solely by the provisions of  this  Act.   Provided,  however,
that  the  Commissioner  shall  not be required to conduct an
annual examination of such foreign  corporation  pursuant  to
Section  5-2  of  this  Act,  but  may  examine  such foreign
corporation   as   the   Commissioner   deems    appropriate.
"Principal  place  of  business" of any bank, federal savings
and loan association or savings bank, for  purposes  of  this
Article  IV,  means the principal office as designated on the
charter by its principal regulator.
(Source: P.A. 89-364, eff. 8-18-95.)
    (205 ILCS 620/4-4) (from Ch. 17, par. 1554-4)
    Sec. 4-4.  Place of business not  to  be  established  in
State; not deemed transacting business.
    (a)  A  foreign corporation, as defined in Section 1-5.08
of this Act, shall not establish in this  State  a  place  of
business,  branch  office,  or  agency  for  the  conduct  of
business  as  a  fiduciary and because it is not permitted to
establish in this State a place of business, branch office or
agency, a  foreign  corporation  insofar  as  it  acts  in  a
fiduciary  capacity  in this State pursuant to the provisions
of this Act shall not be deemed to be transacting business in
this State.  The  foreign  corporation  may  apply  for,  and
procure  from  the  Commissioner,  a  license  to establish a
representative  office   pursuant   to   the   Foreign   Bank
Representative Office Act.
    (b)  Notwithstanding  subsection (a) of this Section 4-4,
after May 31, 1997, a branch  of  an  out-of-state  bank,  as
defined  in  Section  2  of  the  Illinois Banking Act, and a
foreign association, as defined in  Section  1-10.31  of  the
Illinois  Savings  and  Loan  Act  of  1985, may establish an
office in this  State  for  the  conduct  of  business  as  a
fiduciary, provided: (i) fiduciary business conducted in this
State  by  a  branch  of  an  out-of-state bank is subject to
examination  by  the  Commissioner;  and   (ii)   the   trust
activities of the branch of the out-of-state bank are subject
to   regulation,   including   enforcement  actions,  by  the
Commissioner  to  the  same  extent  as  Illinois   corporate
fiduciaries.
(Source:  P.A.  89-208,  eff.  9-29-95; 89-364, eff. 8-18-95;
89-626, eff. 8-9-96; 90-665, eff. 7-30-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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